I still remember my accident like it was yesterday. One minute I was driving my daughter to school and the next I was waking up in a hospital bed. It was frustrating to deal with the emotional trauma of forgetting an entire week of my life, in addition to stressing about my small child. Fortunately, we were both able to recover, but it wasn't easy walking dealing with the medical bills that accompanied the accident. I found myself struggling with things as simple as answering the phone, because I was nervous about dealing with another insurance adjuster. Fortunately, by working with a lawyer, I was able to make sense of my situation. I know that you can overcome difficult challenges too, which is why I shared my story on this website.
Many injuries happen at home, but if you live in an apartment complex, the concept of "home" often extends into several common areas. In some cases, injuries that occur in these common areas are the responsibility of the property owner. The following guide can help you determine whether you should bring a personal injury lawsuit against the owner of the property.
Where did the injury occur?
Common areas are those that are open to tenants or tenants and their guests. These can include parking lots, hallways, foyers and building entrances, gyms, entertainment rooms, laundry rooms, dumpsters, and swimming pools. These areas are usually clearly marked for resident use, so it is reasonable to assume that entry is allowed. Accidents that occur here may be the responsibility of the property owner.
If your accident occurred in an areas that was marked as restricted, such as maintenance corridors, or after-hours in areas with specific use hours, such as a gym or pool, you may not be able to sue for personal injury.
Was the accident caused by poor maintenance?
Most states and localities require that property owners take reasonable steps to ensure the safety of their tenants and guests. This means that broken pavement is repaired, loose railings are tightened, and that warnings are obvious. For example, your landlord may not be able to repair a large pothole in the parking lot immediately, so the area should be temporarily cordoned off and marked as dangerous. If you trip in the holes walking to your car, and they weren't marked, you may have grounds to sue.
On the other hand, if you slip and fall while climbing out of the pool, and the proper surface is installed around the pool along with rails to aid those climbing the pool ladder, you may not have a case. This because the property owner took reasonable steps to ensure safety. In other words, the injury has to result from the owner's negligence.
Although the above two reasons are often sufficient for building a case against a property owner, keep in mind that other variables will also be considered. For example, if you were intoxicated at the time of the accident, this may be considered part of the cause for the injury. The best course of action is to meet with a personal injury attorney to review the details of the incident and to see if your landlord should bear any of the cost and responsibility of your treatment and recovery. For more information, check out websites like http://www.sarklawfirm.com/.